Overflowing Dockets: There Must Be Limit To Nature Of Appeals To Supreme Court Say Olatunde SAN & Okpara SAN

*Nigerians Must Be Enlightened On Alternative Dispute Resolution
Two Senior Advocates of Nigeria (SANs) have thrown their weight behind the recent comment of the Chief Justice of Nigeria (CJN), Olukayode Ariwoola, on the overburdening of the Supreme Court Justices, and other judges across the country, and the need to embrace Alternative Dispute Resolution (ADR). Afolabi Olatunde, a Lagos-based Senior Advocate of Nigeria (SAN), stated that in reality, the issue cannot be put in a better context than the statement of the CJN. According to him, “There is an urgent need to amend the Constitution to limit the nature of appeals going to the Supreme Court.
The present situation admits cases like tenancy matters getting to the Supreme Court, labour matters, matrimonial cases, and the likes getting to the Supreme Court. Until we stop this present arrangement, the lamentations will continue.” This was as Victor Okpara (SAN), argued that the clarion call, as it relates to the use of the ADR in dispute resolution, as made by the CJN, remains commendable. Olatunde posited that if ADR is embraced, it would reduce the burden of work or matters getting to the Supreme Court. The SAN maintained that, “To achieve this goal, there is the need for sensitisation to enable people to key into this alternative. People going into business transactions will do well if they adopt ADR to settle their disputes. “On the independence of the judiciary, it only exists on paper.
In reality, the Nigerian judiciary has no independence in the real sense of it. A situation whereby the Legislature and the Executive decide what fund is appropriated and released to the judiciary undermines the independence of the judiciary.
“It goes without saying that when the court is overburdened, it will certainly affect productivity. Furthermore, overburdened workloads lead to unnecessary stress which endangers the lives of the judges.” Okpara stressed that, “the truth of the matter is that a lot of Nigerians have to be enlightened. There must be enlightenment of the litigants, the enlightenment of the lawyers, and the enlightenment of all stakeholders in the administration of justice in Nigeria. It is one thing to say let us settle for ADR, it is another thing to look at the workability of it.
“One of the methods of resolving disputes is what is called mediation. But mediation is voluntary and at any point in time, any of the parties can pull out. They have their drawbacks. But it is the best way to go. “However in Nigeria, the court system is still very popular because of the functions of the court, because of coercive powers of the court. You can even see where the court has such powers; you can see the level of adjournments.
“There is even a lot of problems even when the judges have the power of coercion not to talk of ADR, where you have something like a mediator who is like a catalyst who ought to assist parties to resolve issues. One party can just walk out. So, there has to be a lot of sensitisation, a lot of intellectual seminars, people needs to understand the advantages and the practicability of it.” On the judges being overburdened, Okpara said, “The truth remains that you cannot shut a party out. It is the constitutional right of everybody to go to court. The courts are there to resolve disputes.
So, with the greatest respect to the CJN, if a party feels I need to go to court to go and resolve my issue, you can’t stop them because it is a right that they have, and the courts have not started rejecting filing fees as it were. “However, the fact remains that judges are overburdened, and the truth of the matter is that not all cases should get to court, the truth is that a lot of the cases should be resolved at the ADR. The judges need to take control of their courts by dismissing frivolous matters summarily.”
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